United India Insurance Co. Ltd. vs Smt. Babli and Others

Rakesh Kumar Garg, J.—This appeal has been filed on behalf of the United India Insurance Company Limited against the order dated

5.6.2007 of the Commissioner, Bhiwani, under the Workmen''s Compensation Act, 1923. After hearing learned counsel for the parties, this appeal

was tagged with a bunch of appeals. This appeal along with other appeals was listed before the Lok Adalat and the following order was passed in

the presence of the counsel for the appellant:

In all these appeals a common question of law is involved except in one case where it is required to be clarified as to who is liable to pay the

penalty.

In these appeals, the Commissioner under the Workmen''s Compensation Act, directed the payment of various amounts by way of compensation.

He further directed the payment of interest at various rates from the date of accident/date of filing the claim application till the date of payment.

Learned counsel appearing for the Insurance Company submits that the only point involved is with respect to the payment of interest and that

interest under the Workmen''s Compensation Act is payable only from the due date i.e. date of the award till payment and not interior to the date

of the award.

Learned counsel in support of his submission replied upon the judgment of the Supreme Court in Kamla Chaturvedi Vs. National Insurance Co.

and Others, .

Since the point involved is very short and is apparently covered by the judgment of the Apex Court, these appeals, in my opinion deserve to be

listed before a learned Single Bench at a very early date.

The files of these cases may, therefore, be placed before the Hon''ble Chief Justice for appropriate orders.

Thus, in the instant appeal, the only question which arises is ""whether interest on the compensation amount under the Workmen''s Compensation

Act is payable from the date of award till payment or prior thereto.

It could not be disputed before this Court that the point in issue, as raised, has been answered by the Hon''ble Supreme Court in The Oriental

Insurance Company Ltd. Vs. Siby George and Others, . In view thereof, this appeal is ordered to be dismissed.